[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-22-1969 as Part V of the Appendix of the 1969 Code. Amendments noted where applicable.]
Editor's Note: The Preamble to this agreement provided as follows: “Whereas, the granting of the franchise applied for will promote public convenience and be in the best interest of the Village of Massena. Now, therefore, the Board of Trustees of the Village of Massena, St. Lawrence County, New York, hereby ordain and enact as follows: Now, therefore this agreement witnesseth, that for valuable consideration the parties hereto mutually covenant and agree as follows:”
The consent, permission and authority of the Village of Massena, New York, be and hereby is given and granted to the company, to erect and place and maintain a radio antenna upon the water tank of the Village of Massena for the purpose of transmitting and receiving communications concerning the operation and maintenance of the gas lines and facilities of said corporation in the Village of Massena and surrounding territories.
That the company shall provide its Village Engineer with the plans and specifications for the placing and erecting of said antenna and said Engineer shall approve the plans and specifications before the erection and placing of the said radio antenna upon said water tank. That the installation of said radio antenna shall be done to the satisfaction of said Village Engineer.
The company shall at all times wholly indemnify the village from and against all loss, damage and injury and expense to which the village may be put by reason of any damage or injury to persons or property, including the village, caused by the construction, repair, maintenance or operation by the company of said radio antenna upon said water tank, as well as against any damage or injuries resulting from the imprudence, neglect or want of skill of the employees or agents, maintenance or operation by the company of said radio antenna.
That the company shall provide the village with a certificate of insurance, naming the village as an insured, with the limits of liability for both personal injury of at least $100,000 each person and $300,000 each accident.
That the franchise hereby granted shall be revocable at any time in the discretion of the village; provided, however, that in the event that the village cancels the right of the company to use said water tower for its radio antenna, that the company shall have the necessary time to obtain approval from the Federal Communications Commission for a new location for said radio antenna.
This agreement and said right to use said water tower shall be subject to all statutes, orders and rules made or to be made by lawfully constituted authority having jurisdiction in the premises.
Any notice to be given under any of the provisions hereof may be effectively given to said village by delivering the same personally to the Village Clerk or by sending the same to him by registered mail, postage prepaid, addressed to "The Village Clerk of the Village of Massena, New York" and to the company by delivering or sending the same to the company by registered mail, addressed to its manager or chief officer in charge of its place of business in the Village of Massena, New York. If any notice is sent by mail, the same shall be deemed to have been given on the date succeeding the posting thereof.
The failure of the village to enforce any of the provisions of this agreement or to require at any time performance by the company of any of the provisions hereof shall in no way be construed to a waiver nor in any way to affect the validity of this agreement or any part thereof, or the right of the village to thereafter enforce each and every provision.
This agreement shall be extended to benefit the parties hereto, their successors and assigns respectively.
This agreement is solely for the purpose of benefiting the parties hereto and is not intended to be the benefit of any third party, nor construed as a third party beneficiary contract.
The parties hereto agree that this franchise to place said radio antenna shall be for the sole purpose of enabling the said company to transmit and receive communications concerning the operation and maintenance of the gas line or the facilities of the said corporation and shall not give the said company the right to engage in any other commercial activities for any other commercial activities for any other utilities and/or businesses.
The company expressly agrees to pay the costs and charges and the expenses of the village incidental and necessary to the granting of this franchise agreement.